- 7 - the Court of Appeals for the Tenth Circuit in that case. Duke Energy Natural Gas Corp. v. Commissioner, 172 F.3d 1255 (10th Cir. 1999), revg. 109 T.C. 416 (1997). As explained below, we follow our decision in Duke Energy, and we hold that the proper recovery period for the gathering pipelines is 15 years. II. Applicable Statutory and Administrative Provisions Section 167(a) allows “as a depreciation deduction a reasonable allowance for the exhaustion, wear and tear * * * of property used in * * * [a] trade or business”. Section 167(b) references section 168 for determination of the depreciation deduction in the case of property to which section 168 applies. Section 168 is entitled “Accelerated Cost Recovery System”, and it sets forth a cost recovery system based not on the useful life of an item of property but, instead, on certain congressionally determined (accelerated) recovery periods. In pertinent part, section 168(a) provides: “the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using * * * the applicable recovery period”. Pursuant to section 168(c) and (e), the recovery period for property is based upon (but, generally, is shorter than) its “class life”. Section 168(i)(1) defines “class life” as “the class life * * * which would be applicable with respect to any property as of January 1,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011